STANDING COMMITTEE MEETING A - Cairns Regional Council
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STANDING COMMITTEE MEETING A
22 JANUARY 2020
11:15 AM
PRESENT: Cr L Cooper
Cr T James
Cr B Manning (Chairperson)
Cr B Moller
Cr B Olds
Cr C Zeiger
OFFICERS:
J Andrejic Chief Executive Officer
K Reaston General Manager Planning & Environment
R Holmes Manager Marketing &Communications
P Rogato Media Coordinator
S Godkin Minute Secretary
Minutes – Standing Committee A - 22 January 2020 - #62821202
TABLE OF CONTENTS
APOLOGY.................................................................................................................. 3
CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST .......................... 3
PURPOSE OF MEETING .......................................................................................... 3
AGENDA ITEMS AS LISTED
There are no agenda items listed.
GENERAL BUSINESS
OPEN A:
MATERIAL CHANGE OF USE (MULTIPLE DWELLING, SHORT-
TERM ACCOMMODATION, HOTEL, FOOD AND DRINK OUTLET AND
SHOP) – 340- 346 SHERIDAN STREET CAIRNS NORTH – DIVISION 5 ........ 5
Michelle Henderson | 8/7/4584 | #6141915
This was previously Item 3 Open Session Ordinary Meeting 22 January 2020
and was delegated to Standing Committee A.
OPEN C:
RECONFIGURING A LOT (1 INTO 2 LOTS) AND EARLY
CONCURRENCE AGENCY RESPONSE – 292 MCCOOMBE
STREET WESTCOURT – DIVISION 5 ............................................................. 25
N Lazarus | 8/30/301 | #6267238v4
This was previously Item 9 Open Session Ordinary Meeting 22 January 2020
and was delegated to Standing Committee A.
Minutes – Standing Committee A - 22 January 2020 - #62821203
PURPOSE OF MEETING
To consider the matters listed on the agenda.
AGENDA ITEMS
There are no agenda items listed.
GENERAL BUSINESS
OPEN A:
MATERIAL CHANGE OF USE (MULTIPLE DWELLING, SHORT-
TERM ACCOMMODATION, HOTEL, FOOD AND DRINK OUTLET AND
SHOP) – 340- 346 SHERIDAN STREET CAIRNS NORTH – DIVISION 5
Michelle Henderson | 8/7/4584 | #6141915
OPEN C:
RECONFIGURING A LOT (1 INTO 2 LOTS) AND EARLY
CONCURRENCE AGENCY RESPONSE – 292 MCCOOMBE
STREET WESTCOURT – DIVISION 5
N Lazarus | 8/30/301 | #6267238v4
CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST
1. Cr Moller declared that that those Councillors elected as members of the Unity
Team comprising Councillors Manning, Schilling, James, Bates, O’Halloran,
Richardson and himself may have a conflict of interest (as defined by section
175D of the Local Government Act 2009) as follows: -
a) Item Open A in General Business - – Material Change of Use (Multiple
Dwelling, Short-Term Accommodation, Hotel, Food and Drink Outlet
and Shop) – 340-346 Sheridan Street, Cairns North – Division 5 - due
to an electoral donation of $5,000 received from CA Architects on 2
March 2016. 8 Unity candidates stood for election in 2016. This
amount equates to $625 per candidate. CA Architects have acted as a
consultant to the applicant in this matter.
b) Item Open C in General Business – Reconfiguring a Lot 1 (1 into 2 lots)
and Early Concurrency Agency Response – 292 McCoombe Street
Westcourt – Division 5 - due to a donation of in-kind architectural
services from JB Design on 26 February 2016. The in-kind donation
was valued at $5,500 and was auctioned off by the Unity Team as a
fundraising initiative. The services have never been redeemed. Cr
James is the principal of JB Design and JB Design have provided
professional services to the applicant in this matter on an arms length
basis. There were 8 Unity candidates who stood for election in 2016.
Minutes – Standing Committee A - 22 January 2020 - #62821204
This amount equates to $687.50 per candidate.
He has determined that these personal interests are not of sufficient
significance that they will lead him to making decisions on these matters that
are contrary to the public interest.
He will best perform his responsibility of serving the overall public interest of
the whole of the Council’s area by participating in the discussion and voting on
these matters.
However, he acknowledged that the remaining councillors must now
determine, pursuant to section 175E(4) of the Local Government Act 2009: -
(a) Whether he has a real conflict of interest in these matters or a perceived
conflict of interest in these matters; and
(b) If so, whether: -
a. He must leave the meeting while these matters are discussed or voted
on; or
b. He may participate in the meeting in relation to these matters, including
by voting on the matters
2. Cr Manning informed the meeting that he may have the same conflicts of
interest as those described by Cr Moller. He has determined that these
personal interests are not of sufficient significance that it will lead him to
making a decision on these matters that is contrary to the public interest. He
will best perform his responsibility of serving the overall public interest of the
whole of the Council’s area by participating in the discussion and voting on
these matters.
However, he acknowledged that the remaining councillors must now
determine, pursuant to section 175E(4) of the Local Government Act 2009: -
(a) Whether he has a real conflict of interest in these matters or a perceived
conflict of interest in these matters; and
(b) If so, whether: -
a. He must leave the meeting while these matters are discussed or voted
on; or
b. He may participate in the meeting in relation to these matters, including
by voting on the matters
3. Cr James - In relation to Open C, he informed the meeting he may have the
same conflicts of interest as those described by Cr Moller. Further, to this
matter, he declared that he also has a material personal interest as defined by
section 175B of the Local Government Act 2009 as JB Design has provided
professional services to the applicant on an arms length basis and he is a
principal of JB Design. He will be dealing with this declared interest by
leaving the meeting while this matter is discussed and voted on.
Minutes – Standing Committee A - 22 January 2020 - #62821205
In relation to Open A, he informed the meeting that he may have the same
conflicts of interest as those described by Cr Moller. He has determined that
these personal interests are not of sufficient significance that it will lead him to
making a decision on these matters that is contrary to the public interest. He
will best perform his responsibility of serving the overall public interest of the
whole of the Council’s area by participating in the discussion and voting on
these matters.
However, he acknowledged that the remaining councillors must now
determine, pursuant to section 175E(4) of the Local Government Act 2009: -
(a) Whether he has a real conflict of interest in these matters or a perceived
conflict of interest in these matters; and
(b) If so, whether: -
a. He must leave the meeting while these matters are discussed or voted
on; or
b. He may participate in the meeting in relation to these matters, including
by voting on the matters
OPEN A:
MATERIAL CHANGE OF USE (MULTIPLE DWELLING, SHORT-
TERM ACCOMMODATION, HOTEL, FOOD AND DRINK OUTLET AND
SHOP) – 340- 346 SHERIDAN STREET CAIRNS NORTH – DIVISION 5 ..........
Michelle Henderson | 8/7/4584 | #6141915
OLDS / COOPER
1. Cr Moller is able to participate in the discussion and vote on this matter.
2. The reasons Cr Moller is able to participate in the discussion and vote on this
matter are as follows:
a. Cr Moller has informed the meeting of personal interests in the matter in
accordance with section 174E(2) of the Local Government Act 2009 (Qld)
(LGA);
b. Councillors present and able to vote on this matter are satisfied that,
based on the above disclosure and representations made, Cr Moller has a
perceived conflict of interest in the matter; and
c. Councillors present and able to vote on this matter are also satisfied that,
based on the above disclosure and representations made and in balancing
the ‘local government principles’ stated in section 4(2) of the LGA, the
conflict of interest for Cr Moller in this matter is not considered to be
significant enough to warrant a decision requiring Cr Moller to leave the
meeting and not participate in the decision.
carried unanimously with Councillors Moller, James and Manning not
participating in the vote
Minutes – Standing Committee A - 22 January 2020 - #62821206
OLDS / COOPER
1. Cr James is able to participate in the discussion and vote on this matter.
2. The reasons Cr James is able to participate in the discussion and vote on this
matter are as follows:
a. Cr James has informed the meeting of personal interests in the matter in
accordance with section 174E(2) of the Local Government Act 2009 (Qld)
(LGA);
b. Councillors present and able to vote on this matter are satisfied that,
based on the above disclosure and representations made, Cr James has
a perceived conflict of interest in the matter; and
c. Councillors present and able to vote on this matter are also satisfied that,
based on the above disclosure and representations made and in balancing
the ‘local government principles’ stated in section 4(2) of the LGA, the
conflict of interest for Cr James in this matter is not considered to be
significant enough to warrant a decision requiring Cr James to leave the
meeting and not participate in the decision.
carried unanimously with Councillors Moller, James and Manning not
participating in the vote
ZEIGER / OLDS
1. Cr Manning is able to participate in the discussion and vote on this matter.
2. The reasons Cr Manning is able to participate in the discussion and vote on this
matter are as follows:
a. Cr Manning has informed the meeting of personal interests in the matter
in accordance with section 174E(2) of the Local Government Act 2009
(Qld) (LGA);
b. Councillors present and able to vote on this matter are satisfied that,
based on the above disclosure and representations made, Cr Manning
has a perceived conflict of interest in the matter; and
c. Councillors present and able to vote on this matter are also satisfied that,
based on the above disclosure and representations made and in balancing
the ‘local government principles’ stated in section 4(2) of the LGA, the
conflict of interest for Cr Manning in this matter is not considered to be
significant enough to warrant a decision requiring Cr Manning to leave the
meeting and not participate in the decision.
carried unanimously with Councillors Moller, James and Manning not
participating in the vote
Minutes – Standing Committee A - 22 January 2020 - #62821207
MOLLER / OLDS
That Council approves the development application for Multiple Dwelling, Short-
Term Accommodation, Shop, Hotel and Food & Drink Outlet over land described
as Lots 29, 30, 31 and 32 on C198131, located at 340- 346 Sheridan Street, Cairns
North subject to the following:
APPROVED DRAWING(S) AND / OR DOCUMENT(S)
The term ‘approved drawing(s) and / or document(s)’ or other similar
expressions means:
Drawing or Document Reference Date
Site Plan Drawing prepared by CA Architects Received
(Council document reference 21 Nov 2019
6252330)
Ground Floor Plan Drawing prepared by CA Architects Received
(Council document reference 21 Nov 2019
6252330)
Level 1 Floor Plan Drawing prepared by CA Architects Received
(Council document reference 21 Nov 2019
6252330)
Levels 2 & 3 Floor Plan Drawing prepared by CA Architects Received
(Council document reference 21 Nov 2019
6252330)
Level 4 Floor Plan Drawing prepared by CA Architects Received
(Council document reference 21 Nov 2019
6252330)
Level 5 Floor Plan Drawing prepared by CA Architects Received
(Council document reference 21 Nov 2019
6252330)
Level 6 Floor Plan Drawing prepared by CA Architects Received
(Council document reference 21 Nov 2019
6252330)
Level 7 Floor Plan Drawing prepared by CA Architects Received
(Council document reference 21 Nov 2019
6252330)
Roof Plan Drawing prepared by CA Architects Received
(Council document reference 21 Nov 2019
6252330)
Unit Types Drawing prepared by CA Architects Received
(Council document reference 21 Nov 2019
6252330)
Elevations Sheridan St Drawing prepared by CA Architects Received
and South West (Council document reference 21 Nov 2019
6252330)
Elevations South East Drawing prepared by CA Architects Received
and North West (Council document reference 21 Nov 2019
6252330)
Minutes – Standing Committee A - 22 January 2020 - #62821208
Elevations Vertical Drawing prepared by CA Architects Received
Green Analysis (Council document reference 21 Nov 2019
6252330)
Section 1 Drawing prepared by CA Architects Received
(Council document reference 21 Nov 2019
6252330)
Sections 2 and 3 Drawing prepared by CA Architects Received
(Council document reference 21 Nov 2019
6252330)
Medium Rigid Vehicle Drawing no 1395-1 Rev A prepared Received
Entry Manoeuvre by Trinity Engineering and 21 Nov 2019
Consulting (Council document
reference 6252330)
Medium Rigid Vehicle Drawing no 1395-2 Rev A prepared Received
Exit Manoeuvre by Trinity Engineering and 21 Nov 2019
Consulting (Council document
reference 6252330)
B85 Vehicle Exit Drawing no 1395-3 Rev A prepared Received
Manoeuvre by Trinity Engineering and 21 Nov 2019
Consulting (Council document
reference 6252330)
Landscape Concept Drawings prepared by LA3 (Council April 2019
Plans document reference 6140010)
3D Visualisations Drawings prepared by CA Architects Received
(Sheridan Street view (Council document reference 21 Nov 2019
and Hotel view) 6252330)
Assessment Manager Conditions
1. This approval, granted under the provisions of the Planning Act 2016, shall
lapse six (6) years from the day the approval takes effect in accordance
with the provisions of Section 85 of the Planning Act 2016.
2. Carry out the approved development generally in accordance with the
approved drawing(s) and/or document(s), and in accordance with:-
a. The specifications, facts and circumstances as set out in the
application submitted to Council;
b. The following conditions of approval and the requirements of
Council’s Planning Scheme and the FNQROC Development Manual.
Except where modified by these conditions of approval
Timing of Effect
3. The conditions of the Development Permit must be effected prior to
Commencement of Use, except where specified otherwise in these
conditions of approval.
Minutes – Standing Committee A - 22 January 2020 - #62821209
Notice of Intention to Commence the Use
4. Prior to commencement of the use on the site, written notice must be given
to Council that the development fully complies with this Development
Permit. The Applicant must return the attached “Notice of Intention to
Commence Use” form prior to the commencement of the use (Attached at
Appendix 2).
Amalgamation of Lots
5. The Applicant/Owner/Developer shall amalgamate Lots 29, 30, 31 and 32
on C198131. The amalgamation may occur in conjunction with the
registration of a Building Format Plan but must occur prior to the
Commencement of Use.
Operational Works
6. Operational Works approval is required for all on street works associated
with the development. Approval is required to be obtained prior to the
commencement of any works on the site.
All such works must be completed to the satisfaction of the Chief Executive
Officer prior to the Commencement of Use or issue of Certificate of
Classification, whichever occurs first. Where plans are required to be
submitted for approval, one (1) A3 size copy and one (1) electronic pdf copy
of all relevant plans must be submitted.
Certification of Building Height
7. Prior to the issue of a Development Permit for Building Work, the
Applicant/Owner/Developer shall demonstrate to Council and the Cairns
International Airport that all buildings, structures, aerials, lightning rods,
antennae, poles, posts, trees (at maximum height) or other obstacles will
not penetrate the Cairns International Airport Obstacle Limitation Surface
which is 30.5 metres AHD over the site.
8. Prior to the issue of a Development Permit for Building Work, the
Applicant/Owner/Developer must provide confirmation to Council, and the
Cairns International Airport that any encroachments into the Operational
Airspace (OLS or PANS-OPS) of the Cairns International Airport as a result
of construction activities, including but not limited to the use of cranes or
other equipment, have been approved by the Civil Aviation Safety Authority
(CASA) and Airservices Australia.
9. Prior to the issue of a Certificate of Classification for the development, the
Applicant/Owner/Developer shall submit certification from a licensed
surveyor that the overall height of the as-constructed roof and any
associated structures or trees (at maximum height) are in accordance with
the material provided in response to Condition 7. A copy of the certification
is to be provided to Cairns Airport.
Minutes – Standing Committee A - 22 January 2020 - #628212010
To ensure the final building height is on program, the
Applicant/Owner/Developer must submit certification and a copy provided
to Cairns Airport from a licensed surveyor that the “As Constructed” Level
four (4) height is in accordance with the latest drawings.
Acoustic Design
10. The Applicant/Owner/Developer shall ensure that the development is
designed and constructed to attenuate noise in accordance with AS2021
(2015) Acoustics – Aircraft Noise Intrusion – Buildings siting and
construction.
Prior to the issue of the Certificate of Classification or Commencement of
Use, whichever occurs first, the Applicant/Owner/ Developer shall submit
certification to Council from an appropriately qualified and experienced
Acoustic Engineer confirming that the development has been designed
and constructed in accordance with AS2021-2015 Acoustics – Aircraft
Noise Intrusion – Buildings siting and construction.
Note: The Concurrence Agency Response provides further advice about
development occurring within a Transport Noise Corridor.
Detailed Landscape Plan
11. Prior to the issue of a Development Permit for Building Work, submit a
Detailed Landscape Plan, prepared generally in accordance with the
approved Landscape Concept Plans prepared by LA3 and
illustrating/demonstrating the following features:
a. Deep vertical landscaping within the entire side and rear property
boundary setback areas nominated on the Ground Level – Landscape
Concept Plan and as depicted in the Elevations Vertical Green
Analysis to achieve visual articulation and softening of the built form,
minimising overlooking into neighbouring properties whilst
maximising cross breezes and natural light into the buildings;
Note: the proposed Pocket Garden with seating along the southern
side boundary is not approved. Deep feature planting of tropical
species is required that must achieve the heights depicted in the
Elevations Vertical Analysis.
“Deep planting is the planting of shrubs and trees within the natural
ground of the site where there are no structures or basements below
the surface of the ground. Deep planting allows sufficient area and
conditions to accommodate the normal full growth of large scale
trees.”
b. Planter boxes, roof top planting and vertical walls must be designed
in consultation with the building designer and structural engineer to
Minutes – Standing Committee A - 22 January 2020 - #628212011
ensure the building is capable of accommodating these landscape
features. The detailed landscape design must include relevant
engineering, soil medium, mulching and irrigation specifications to
demonstrate that the species selected for the planter is appropriate
and will achieve the desired visual outcome;
c. Final species selection for the roof top gardens must be able to
withstand a roof top environment (i.e. drought tolerant and wind
resistant) and be suitably resilient;
d. a detailed planting design and schedule for all proposed landscaped
areas including but not limited to street frontages, side and rear
property boundary setback and roof top areas. The planting schedule
is to include a selection of layered/tiered tropical species which will
grow to differing heights including trees, palms and shrub species
within the side and rear property boundaries to achieve heights
depicted within the Elevations Vertical Green Analysis within the
property boundary. At a minimum the planting must screen the built
form of solid walls below the finished floor of level 4;
Note: The proposed Indian Mast Trees, Polyalthia longifolia and
Alexandra Palms Archontophoenix alexandrae, are acceptable
although additional trees shurbs and palms to achieve the layered
vertical landscaping/garden must be included within the deep planted
setback areas.
e. any landscaped areas adjoining car parking and manoeuvring areas
must be protected by a 150mm high vertical concrete kerb or similar
obstruction. The kerb must be sufficiently setback from the edge of
the landscaped area to prevent vehicular encroachment and damage
to plants and vehicles;
f. details of the climatic conditions of the locality which will inform the
species selection;
g. details of the size of the planter boxes including engineering
specifications and any associated irrigation system;
h. details of any fencing associated with the development;
i. detail how the proposed landscape treatments respond to the design
principals of tropical urbanism as detailed within Planning Scheme
Policy SC6.16;
j. details and specifications for the installation of the car park shade
trees and gardens inclusive of in ground permanent irrigation and
concrete kerb for tree protection. The car parking trees must be
installed in accordance with the FNQROC Development Manual
Standard Drawing S4100 Tree protection within carriageway with a
minimum two (2) x 2 metre mulched area excavated to a depth of
Minutes – Standing Committee A - 22 January 2020 - #628212012
500mm backfilled with imported soil. The species nominated for
shade trees must provide a significant evergreen canopy at maturity;
k. A planting schedule specifying for all trees and palms to be planted
within the side and rear setback areas, within the car parking area and
Level 1 to be supplied in an advanced size (minimum 400mm/45lt
container and minimum two metres in height with a clear trunk and
canopy). A minimum 200mm contained size must be specified for
shrubs; and
l. Any existing landscape treatments, either hardscape or softscape,
street furniture, infrastructure or assets that are proposed to be
removed, relocated or retained.
The Detailed Landscape Plan must be submitted to and approved by the
Chief Executive Officer prior to the commencement of building works on
the site.
The completion of all landscaping works for the approved development
must be undertaken in accordance with the approved plan prior to the issue
of a Certificate of Classification or the Commencement of Use, whichever
occurs first.
Landscaped areas must be maintained at all times and for the life of the
development, to the satisfaction of the Chief Executive Officer.
Street Trees
12. The installation of six (6) street trees within the verge fronting Sheridan
Street or an alternative number approved by Council, which will achieve
the intent /heights demonstrated within the 3D Visualisations. Details and
specifications for street tree supply, installation and establishment must
be provided in accordance with the FNQROC Development Manual
Standard Drawing S4210 Street Tree Planting. The minimum area for street
tree planting must be in accordance with the FNQROC Development
Manual Standard Drawing S1004 Typical Section for 4.5m Verge inclusive
of the installation of a root barrier and distance from services;
Or
Additional specific specifications for supply, planting installation and
establishment must be submitted for assessment within the landscaping
documentation for the proposed installation of street trees within a
reduced tree zone.
13. The street trees proposed are to be approved by Council and pre-ordered.
Minutes – Standing Committee A - 22 January 2020 - #628212013
14. Street trees must be supplied in an advanced container size, minimum two
(2) metres in height with a clear trunk and canopy at installation and are
not to encroach within the pedestrian or vehicular access whilst
establishing or at maturity.
15. Street trees are to be established and maintained in accordance with the
Australian Standard AS4373 Pruning of Amenity Trees and the Planning
Scheme Policy - Crime Prevention Through Environmental Design.
16. The verge treatment must be in accordance with the FNQROC Development
Manual Landscaping Design Guidelines Verges D9.06. Turf must be
installed in accordance with FNQROC Development Manual Landscaping
Specifications Turfing S8.04
17. The external works outlined above require a Development Permit for
Operational Works. Such work must be constructed in accordance with the
endorsed plan(s), to the satisfaction of the Chief Executive Officer and
inspected by Council, prior to the Commencement of Use.
Landscape Maintenance and Management Plan
18. In conjunction with the submission of a Detailed Landscape Plan, the
Applicant/Owner/Developer shall submit for approval a Landscape
Maintenance and Management Plan. This plan must detail the maintenance
and management regime(s) that are to be implemented to ensure the
landscape features of the development are retained for the life of the
development.
19. The endorsed Landscape Maintenance and Management Plan must be
referenced within the Building Management Statement.
Pedestrian Access
20. The design of the building shall be such that any ramping or step up into
the property is wholly contained within the site and does not occur within
the road reserve. No grade change for pedestrian access is permitted to
occur within the road reserve.
21. A minimum unobstructed width of 2m clear shall be maintained at all times
along the footpath for the entire frontage of the site upon Commencement
of Use.
Vehicular Access
22. Provide a commercial standard concrete crossover and apron for the
Sheridan Street entrance in accordance with the FNQROC Development
Manual Standard Drawing S1015, Revision C unless otherwise approved
by the Chief Executive Officer.
Minutes – Standing Committee A - 22 January 2020 - #628212014
23. Prior to the Commencement of Use, the Applicant/Owner/Developer shall
remove any redundant crossovers and reinstate with Kerb and Channel, to
the satisfaction of the Chief Executive Officer.
Vehicle Parking
24. The amount of vehicle parking for the development must be as per the
approved plans of development, being a total of 98 car parking spaces. The
car parking layout including, but not limited to parking bay dimensions,
aisle widths, speed control, blind aisles, ramp grade and transitions and
clearance heights (including for accessible parking spaces) must comply
with the requirements of Australian Standard AS2890.1-2004 Parking
Facilities – off-street car parking and be constructed in accordance with
Austroads and good engineering design. All car parking, driveway and
vehicular manoeuvring areas must be imperviously sealed, drained and
line marked.
The car parking and manoeuvring areas on the site must specifically
provide for the following:
a. Parking spaces adjacent to columns and walls must have a minimum
unobstructed clear width in accordance with the requirements of
AS2890.1;
b. The disabled off-street car park must be design in accordance with
AS2890.6 Off Street Car Parking for People with Disabilities; including
parking bay dimensions and shared area;
c. The driveway servicing the car parking area must include a physical
means of speed control at the exit point;
d. No reliance must be placed on on-street parking to meet any parking
demand generated by the development;
e. Provision must be made for the loading and unloading of vehicles and
servicing of the site by a garbage collection vehicle within the site;
f. Tandem parking spaces 79-86 are to be for the specific use of the 4 x
3br units only, such that spaces 79 & 83, 80 & 84, 81 & 85 and 82 & 86
are each for the use of a single household, to be formalised in the
community management statement;
g. The vehicle parking and manoeuvring layout much be such that all
vehicles, including service vehicles and buses, can enter and exit in
a forward direction, and
h. line marking and signage of all car parking areas.
Minutes – Standing Committee A - 22 January 2020 - #628212015
25. All car parking spaces associated with the units, commercial and retail
activities must be allocated and appropriately identified within the car
parking areas on the site. Parking spaces allocated for commercial and
retail activities must be made freely available, accessible and identifiable.
All car parking spaces to be allocated must be shown on a Parking Layout
Plan to be submitted prior to and endorsed by the Chief Executive Officer
prior to the issue of the Certificate of Classification.
Parking Signage
26. Erect signs advertising the location of off-street visitor parking prior to the
commencement of use.
Bicycle Parking
27. Provide secured, on-site bicycle parking in accordance with Table 10-1 of
AUSTROADS Guide to Traffic Engineering Practice Part 14 – Bicycles. The
bicycle parking spaces must be provided and available for use at the time
of Commencement of Use.
External Works
28. The Applicant/Owner/Developer shall undertake the following External
Works:
a. Provide a new crossover and aprons in accordance with the FNQROC
Development Manual Standard Drawing S1015;
b. The new section of footpath must match neatly with the existing
footpath at both extents in relation to alignment and grade;
c. Upgrade the existing footpath along the full frontage of the property
to minimum 2m wide in accordance with the FNQROC Development
Manual Standard Drawing S1035;
d. Replace the kerb and channel along the Sheridan Street frontage; and
d. Reinstate any redundant crossovers and replace with kerb and
channel.
The works must be completed to the satisfaction of the Chief Executive
Officer prior to Commencement of Use or issue of the Certificate of
Classification, whichever occurs first.
Minutes – Standing Committee A - 22 January 2020 - #628212016
Water Supply and Sewerage Works External
29. Undertake the following water supply and sewerage works external to the
site to connect the site to existing water supply and sewerage
infrastructure:
a. Augment existing water supply infrastructure to the extent necessary
such that the development does not adversely affect the water supply
to adjacent properties and such that a water service connection can
be provided at the lot frontage; and
b. Augment existing sewers and pump station(s) downstream of the site,
to the extent required to accommodate the increased flows generated
by the development.
The external works outlined above require Operational Works approval
from Council. One (1) copy of a plan of the works at A3 size and one (1)
electronic pdf copy must be provided to Council as part of the application.
Such work must be constructed in accordance with the approved plan(s)
to the satisfaction of the Chief Executive Officer prior to Commencement
of Use or issue of the Certificate of Classification, whichever occurs first.
Water Supply and Sewerage Works Internal
30. Undertake the following water supply and sewerage works internal to the
subject land:
a. The development must be serviced by a single internal water and
sewerage connection made clear of any buildings or structures;
b. Water supply sub-metering must be designed and installed in
accordance with The Plumbing and Drainage Act 2002 and the Water
Supply (Safety and Reliability) Act 2008. Smart meters are to align with
Council’s Smart Meter Program;
c. Provide a plan showing the layout of the buildings and location of the
sewer main traversing the site taking into consideration any
relocation options;
d. Relocate the existing sewer or amend the development layout such
that the sewer is a minimum of 1.2 metres away from the building and
clear of the zone of influence from the footings and foundations of any
building/structure;
or
Any building works located over or near the existing sewer is subject
to a Plumbing application for Permission to Build over/and or
Adjacent to Sewer Mains. The design of the building and footings over
the sewer must comply with Council’s requirements, in particular:-
Minutes – Standing Committee A - 22 January 2020 - #628212017
i. Relining or replacement of the sewer;
ii. The pier footings are to extend below the invert of the sewer;
iii. An access zone of 2.4m high by 1.5m wide centrally over the
sewer is to be provided;
iv. Saw cut joints are to be made in the ground slab or provide
removable paving to facilitate removal of the concrete over the
sewer.
e. Private Water and Sewerage infrastructure must be managed by a
Community Titles Scheme. If the development consists of more than
one Body Corporate a parent Body Corporate shall be established to
manage the operation and maintenance of the internal water and
sewerage infrastructure;
f. Any redundant sewer property connection and water connection shall
be decommissioned and removed.
All the above works must be designed and constructed in accordance with
the FNQROC Development Manual.
The plan of works must be approved by the Chief Executive Officer prior to
the issue of a Development Permit for Building Work.
All works must be carried out in accordance with the approved plans, to
the requirements and satisfaction of the Chief Executive Officer prior to
Commencement of Use or Council’s approval for the Plan of Survey,
whichever occurs first.
Firefighting
31. Fire fighting pumped connections are to be provided with a break tank. Any
proposal to pump directly from Council’s water supply mains for fire or
sprinkler systems without a break tank must be supported by a hydraulic
analysis undertaken by a RPEQ confirming that the main is not at risk of
very low pressures (i.e. ground water intrusion and implosion) and
excessive transient pressures associated with pump and valve operation
(i.e. water hammer).
Council does not guarantee a minimum service standard for fire fighting
from Council’s water network. It is the responsibility of the property owner
to design the private fire system to ensure compliance with the relevant
building codes and standards and install all necessary on-site pressure
boosting and storage that maybe required.
Works required by this condition must be designed and constructed in
accordance with the FNQROC Development Manual.
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All works must be carried out in accordance with the approved plans, to
the requirements and satisfaction of the Chief Executive Officer prior to
Commencement of Use or issue of the Certificate of Classification,
whichever occurs first.
Sewer Easement
32. Create an easement in favour of Council subject to Council’s relevant
standard terms document having a nominal width of 3 metres over the
existing sewer within the site to the requirements and satisfaction of the
Chief Executive Officer. A copy of the easement document must be
submitted to Council for the approval by Council's solicitors at no cost to
Council.
The approved easement document must be submitted at the same time as
seeking approval and dating of the Building Format Plan and must be
lodged and registered with the Department of Natural Resources, Mines
and Energy in conjunction with the Plan of Survey.
The approved easement document must be lodged and registered with the
Department of Natural Resources, Mines and Energy in conjunction with
the Plan of Survey prior to the Commencement of Use.
Inspection of Sewers
33. CCTV inspections of existing sewers must be undertaken at works
completion where works inclusive of building works and construction
activities have been undertaken over, adjacent or to sewers. Defects must
be rectified to the satisfaction of the Chief Executive Officer at no cost to
Council prior to Commencement of Use or Council’s approval for the Plan
of Survey whichever occurs first.
Damage to Infrastructure
34. In the event that any part of Council’s existing road, sewerage, water or
drainage infrastructure is damaged as a result of construction activities
occurring on the site, including but not limited to, mobilisation of heavy
earthmoving equipment, stripping and grubbing, the Applicant / Owner /
Developer must notify Cairns Regional Council immediately of the affected
infrastructure, and have it repaired or replaced by Cairns Regional Council,
at the Applicant’s / Owner’s / Developer’s cost, prior to the Commencement
of Use or issue of a Certificate of Classification, whichever occurs first.
Refuse Storage
35. The development must be designed to be serviced by bulk bins. A bulk bin
enclosure must be provided in accordance with Council’s requirements.
Brochures on these requirements – ‘Requirements for Refuse Storage’ are
available from CRC Water & Waste.
Details must be shown on the plan of works and must be approved by the
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Chief Executive Officer prior to issue of an Operational Works Approval or
Compliance Permit for Building Works.
The bin enclosure must be constructed in accordance with the approved
plans prior to the commencement of use or lodgement of the building unit
plan whichever occurs first.
Liquid Waste Disposal
36. Trade waste discharge to sewer must meet the requirements of Cairns
Water and Waste’s Trade Waste Environmental Management Plan
(TWEMP). Detailed Hydraulic Plans must be provided accompanied by a
report which demonstrates that the facility complies with the TWEMP and
must be approved by Council prior to the issue of a Development Permit
for Building Work. All measures for pre-treatment in accordance with the
approved plans must be installed prior to Commencement of Use.
Site Based Stormwater Management Plan
37. The applicant is required to submit a Site Based Stormwater Management
Plan (SBSMP) for the development. This document must nominate the
required soil and water management measures that are to be
installed/implemented on the subject site to control the severity and extent
of soil erosion, pollutant transport and any other water quality issues that
may arise on the subject site (or on adjacent properties as a result of
development of the subject site) during the construction phase and post-
construction phase of the development. The SBSMP must be in
accordance with the requirements of the Environmental Protection Act
1994, the Queensland Urban Drainage Manual, and the FNQROC
Development Manual and must be submitted prior to works commencing
on the subject site. All works must be carried out in accordance with the
approved plans, to the requirements and satisfaction of the Chief Executive
Officer.
Lawful Point of Discharge
38. All stormwater from the property must be directed to a lawful point of
discharge such that it does not adversely affect surrounding properties or
properties downstream from the development, to the requirements and
satisfaction of the Chief Executive Officer.
Minimum Fill and Floor Levels
39. All habitable floor levels in the building must be located a minimum of
300mm above the 1% AEP flood event level of approximately 3.10 metres
AHD (i.e. habitable floor levels shall be no less than 3.40 metres AHD) plus
any hydraulic grade effect, in accordance with the FNQROC Development
Manual, CBD Environs Drainage Management Plan and CairnsPlan 2016
requirements.
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Ponding and/or Concentration of Stormwater
40. The proposed development must not create ponding nuisances and/or a
concentration of stormwater flows to adjoining properties.
41. The proposed development must be designed and constructed to have a
no-worsening effect on external properties.
Sediment and Erosion Control
42. Soil and water management measures must be installed / implemented
prior to discharge of water from the site, such that no external stormwater
flow from the site adversely affects surrounding or downstream properties
(in accordance with the requirements of the Environmental Protection Act
1994, the FNQROC Development Manual and Best Practice Erosion and
Sediment Control – IECA Australasia, November 2008).
Lockable Storage
43. Each unit must be provided with a minimum 2.5m2 (minimum 5m3 volume)
of lockable storage space conveniently located with respect to the car
parking spaces within the basement of the building.
Underground Electricity and Telecommunications Supply
44. An underground connection of both electricity and telecommunication
services are to be provided to the development.
45. All existing overhead power lines along Sheridan Street must be placed
underground to the full extent of the development’s frontage. The existing
overhead service line and timber poles must be recovered. Such works are
to be undertaken by Ergon Energy or its approved contractor at the
applicant’s expense.
46. If the electrical load of the development requires a supply upgrade by
Ergon Energy, provision must be made for a padmount transformer on site.
A pole mount transformer would not be acceptable to Council. The
padmount substation is to be incorporated within the development and
positioned so that it does not detract from the appearance of the
streetscape and must be clear of footpath areas. A dedicated vehicle
access and parking space must be provided for access and maintenance
by Ergon. Details of the electrical substation positioning must be endorsed
by the Chief Executive Officer prior to the issue of Development Approval
for Building Work.
47. The above conditions relating to electricity supply must be provided to
Ergon Energy at the same time as the application for Network Connection
Services/power supply.
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Lighting
48. All lighting installed upon the premises including car parking areas must
be certified by Ergon Energy (or such other suitably qualified person). The
vertical illumination at a distance of 1.5 metres outside the boundary of the
subject land must not exceed eight (8) lux measured at any level upwards
from ground level.
49. All lighting and landscaping requirements are to comply with Council’s
General Policy Crime Prevention Through Environmental Design (CPTED).
50. All lighting shall be designed and constructed by a suitably qualified and
experience person/entity to ensure that it does not increase the risk of an
aircraft incident and has regard to the Manual of Standards Part 139 –
Aerodromes Chapter 9 Section 9.21 – Lighting in the Vicinity of Aerodrome.
Multiple Dwelling/Short Term Accommodation Screening
51. Where habitable rooms of the proposed Multiple Dwellings/Short Term
Accommodation address external property boundaries, provide suitable
screening in accordance with the approved plans of development.
Detailed Plans – Materials, Finishes and Colour Palette
52. Prior to the issue of a Development Permit for Building Work, the
Applicant/Owner must submit and have approved by Council detailed
plans, prepared by a registered Architect or Building Designer for
implementation within the development. The detailed plans must illustrate
the façade treatment, external materials, and colours of the building, in
accordance with the following:
a. Detailed elevation and façade treatment drawings for the ground, and
typical tower floor levels;
b. Detailed plans, sections and elevations of materials for the façade
including structural elements such balustrades, screens, windows;
c. Provision for servicing and infrastructure, including but not limited to
fire and sprinkler boosters; and
d. Screening to windows and balconies in accordance with conditions
of this development approval.
Carry out the building work in accordance with the approved drawings to
the satisfaction of the Chief Executive Officer. Submit certification to
Council by a registered Architect or Building Designer confirming the
building has been constructed in accordance with approved drawings prior
to the commencement of use.
Minutes – Standing Committee A - 22 January 2020 - #628212022
Acoustic Treatments
53. A double-boarded screen fence of a minimum height of two (2) metres must
be provided and/or retained along the side and rear boundaries of the
proposed land. The fence must be designed to protect the amenity of
adjoining residential uses and assist with noise and light attenuation, to
the satisfaction of the Chief Executive Officer. Details of the fence are to
be included in the Landscape Plan prepared for the development.
54. That the hotel restaurant outlook be adequately screened to protect the
amenity of adjoining residents.
CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS
Concurrency Concurrence Date Council
Agency Agency Reference Electronic
Reference
SARA 1908-12609 SRA 25 Nov 2019 6243766
Refer to Appendix 2: Concurrence Agency Requirements. (Please note that
these conditions / requirements may be superseded by subsequent
negotiations with the relevant referral agencies).
ADVICE
1. All building site managers must take all action necessary to ensure
building materials and / or machinery on construction sites are secured
immediately following the first cyclone watch and that relevant emergency
telephone contacts are provided to Council Officers, prior to
commencement of works.
2. This approval does not negate the requirement for compliance with all
other relevant Local Laws and other statutory requirements.
Infrastructure Charges Notice
3. A charge levied for the supply of trunk infrastructure is payable to Council
towards the provision of trunk infrastructure in accordance with the
Infrastructure Charges Notice. The original Infrastructure Charges Notice
will be provided under cover of a separate letter.
The amount in the Infrastructure Charges Notice has been calculated
according to Council’s Infrastructure Charges Resolution.
Please note that this Decision Notice and the Infrastructure Charges Notice
are stand-alone documents. The Planning Act 2016 confers rights to make
representations and appeal in relation to a Decision Notice and an
Infrastructure Charges Notice separately.
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The amount in the Infrastructure Charges Notice is subject to index
adjustments and may be different at the time of payment. Please contact
the Planning Approvals Team at council for review of the charge amount
prior to payment.
The time when payment is due is contained in the Infrastructure Charges
Notice.
Transport Noise Corridor
4. The subject site is located within a Transport Noise Corridor (mandatory)
as designated by the State Government – SPP Interactive Mapping. New
residential buildings and alterations must comply with the Queensland
Development Code (QDC) Mandatory Part (MP) 4.4 ‘Buildings in a
Transport Noise Corridor' (QDC4.4). Under the Code, buildings need to
achieve certain levels of noise mitigation through the use of appropriate
materials for the floor, walls, roof, windows and doors. For more
information on Transport Noise Corridors visit www.hpw.qld.gov.au or to
access the SPP Interactive Mapping visit
www.planning.dsdmip.qld.gov.au.
5. Council will be implementing “smart” meters during the currency of this
development. The Plumbing contractor must confirm with Council, at the
time of making a Development Application for Plumbing Works, what they
type of water meter/sub meter should be installed.
6. Advertising Devices in this location may require a permit under Council’s
Local Law No. 4 (Advertising Devices) 2019.
Where the advertising device is located on a State Controlled Road or
visible from a State Controlled Road, it must comply with the Department
of Transport and Main Roads Roadside Advertising Manual.
7. For information relating to the Planning Act 2016 log on to
https://planning.dsdmip.qld.gov.au. To access FNQROC Manual, Local
Laws and other applicable Policies log on to www.cairns.qld.gov.au
LAND USE DEFINITIONS*
In accordance with CairnsPlan 2016 the approved land uses of Multiple
Dwelling, Short Term Accommodation, Shop, Hotel and Food & Drink Outlet are
defined as:
Multiple Dwelling:
Premises containing three or more dwellings for separate households.
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Short-Term Accommodation:
Premises used to provide short-term accommodation for tourists or travellers
for a temporary period of time (typically not exceeding three consecutive
months) and may be self-contained.
The use may include a manager’s residence and office and the provision of
recreation facilities for the exclusive use of visitors.
Shop:
Premises used for the display, sale or hire of goods or the provision of personal
services or betting to the public.
Hotel:
Premises used primarily to sell liquor for consumption. The use may include
short-term accommodation, dining
Food and Drink Outlet:
Premises used for preparation and sale of food and drink to the public for
consumption on or off the site. The use may include the ancillary sale of liquor
for consumption on site.
*This definition is provided for convenience only. This Development Permit is limited to the
specifications, facts and circumstances as set out in the application submitted to Council and
is subject to the abovementioned conditions of approval and the requirements of Council’s
Planning Scheme and the FNQROC Development Manual.
carried unanimously
Minutes – Standing Committee A - 22 January 2020 - #628212025
OPEN C:
RECONFIGURING A LOT (1 INTO 2 LOTS) AND EARLY
CONCURRENCE AGENCY RESPONSE – 292 MCCOOMBE
STREET WESTCOURT – DIVISION 5 .................................................................
N Lazarus | 8/30/301 | #6267238v4
Cr James left the meeting 11:40 a.m.
COOPER / ZEIGER
1. Cr Moller is able to participate in the discussion and vote on this matter.
2. The reasons Cr Moller is able to participate in the discussion and vote on this
matter are as follows:
a. Cr Moller has informed the meeting of personal interests in the matter in
accordance with section 174E(2) of the Local Government Act 2009 (Qld)
(LGA);
b. Councillors present and able to vote on this matter are satisfied that,
based on the above disclosure and representations made, Cr Moller has a
perceived conflict of interest in the matter; and
c. Councillors present and able to vote on this matter are also satisfied that,
based on the above disclosure and representations made and in balancing
the ‘local government principles’ stated in section 4(2) of the LGA, the
conflict of interest for Cr Moller in this matter is not considered to be
significant enough to warrant a decision requiring Cr Moller to leave the
meeting and not participate in the decision.
carried unanimously with Councillors Moller and Manning not
participating in the vote
OLDS / ZEIGER
1. Cr Manning is able to participate in the discussion and vote on this matter.
2. The reasons Cr Manning is able to participate in the discussion and vote on this
matter are as follows:
a. Cr Manning has informed the meeting of personal interests in the matter
in accordance with section 174E(2) of the Local Government Act 2009
(Qld) (LGA);
b. Councillors present and able to vote on this matter are satisfied that,
based on the above disclosure and representations made, Cr Manning
has a perceived conflict of interest in the matter; and
c. Councillors present and able to vote on this matter are also satisfied that,
based on the above disclosure and representations made and in balancing
the ‘local government principles’ stated in section 4(2) of the LGA, the
Minutes – Standing Committee A - 22 January 2020 - #628212026
conflict of interest for Cr Manning in this matter is not considered to be
significant enough to warrant a decision requiring Cr Manning to leave the
meeting and not participate in the decision.
carried unanimously with Councillors Moller and Manning not
participating in the vote
COOPER / OLDS
That Council approves the development application for Reconfiguring a Lot (1
into 2 Lots) and Early Concurrence Agency Response over land described as
Lot 18 on RP718090, located at 292 McCoombe Street, Westcourt subject to the
following:
APPROVED DRAWING(S) AND / OR DOCUMENT(S)
The term ‘approved drawing(s) and / or document(s)’ or other similar
expressions means:
Drawing or Document Reference Date
Proposed Lots Job No: 20-005 22 October 2019
Sheet No. 07 Issue A
ASSESSMENT MANAGER CONDITIONS
1. This approval, granted under the provisions of the Planning Act 2016, shall
lapse years six (6) years from the day the approval takes effect in
accordance with the provisions of section 85 of the Planning Act 2016.
2. Carry out the approved development generally in accordance with the
approved drawing(s) and/or document(s), and in accordance with:
a. The specifications, facts and circumstances as set out in the
application submitted to Council, including recommendations and
findings confirmed within technical reports; and
b. The following conditions of approval and the requirements of
Council’s Planning Scheme and the FNQROC Development Manual.
Except where modified by these conditions of approval.
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Timing of Effect
3. The conditions of the Development Permit must be satisfied prior to
Council approval of the Plan of Survey, except where specified otherwise
in these conditions of approval.
Building Envelope Plan
4. A building envelope plan for proposed Lots 1 and 2 providing alternate site
boundary setbacks to the Queensland Development Code must be
provided in accordance with plan “Proposed Site, Job No. 20-005, Sheet 08
Issue D dated 9/12/19” attached as Appendix 5. The plan must be lodged
with Council prior to approval and dating of the Plan of Survey.
The building envelopes must accommodate all existing and proposed
buildings and structures for proposed lots.
The applicant / owner must also ensure that the endorsed building
envelope plans are made known to all prospective purchasers of the lot.
Fire Separation
5. Prior to approval and dating of the Plan of Survey, provide certification
from an appropriately qualified professional that the existing Dwelling
House on proposed Lot 1 meets the requirements of the Building Code of
Australia (BCA) in terms of fire separation, whether through satisfying
deemed to comply requirements, or through an appropriate alternative
solution.
External Works
6. Undertake the following external works:
a. Provide a residential concrete crossover and apron for proposed Lot
2 generally in accordance with FNQROC Development Manual
Standard Drawing S1015 Rev D. A copy is attached at Appendix 2.
b. Make good the kerb(s) at redundant crossover(s);
c. Make good any damaged kerbs; and
d. Re-turf any damaged verge areas.
Such works must be constructed to the satisfaction of the Chief Executive
Officer prior to the commencement of use.
NB. The maximum grade for a crossover is 2.5% and where the site
fronts an existing footpath the new crossover must not interfere with
existing footpath.
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Water Supply and Sewerage Works Internal
7. Undertake the following water supply and sewerage works internal to the
subject land:
a. Provide a single internal sewer connection to each lot in
accordance with the FNQROC Development Manual;
b. Provide a private sewer easement over Lot 2 in favour of Lot 1; and
c. Existing water connections and internal plumbing must be contained
within the lot it serves. If not then the connection and internal
plumbing must be relocated to within the lot serviced.
If any sewer works are to be undertaken in the adjoining property, the
owner’s permission is to be obtained prior to commencement of works.
All the above works must be designed and constructed in accordance with
the FNQROC Development Manual.
All works must be carried out in accordance with the approved plans, to
the requirements and satisfaction of the Chief Executive Officer prior to
Council approval of the Plan of Survey.
Existing Services
8. Written confirmation of the location of existing services for the land must
be provided. In any instance where existing services are contained within
another lot, the following applies, either:
a. Relocate the services to comply with this requirement; or
b. Arrange registration of necessary easements over services located
within another lot prior to, or in conjunction with, the lodgement of the
Plan of Survey creating the lot.
Electricity and Telecommunications
9. Written evidence of negotiations with Ergon Energy and the
telecommunication authority must be submitted to Council stating that
both an electricity supply and telecommunications can be provided to Lots
1 and 2, prior to Council approval for the Plan of Survey.
Boundary Fence
10. A minimum 1.8m high screen fence must be erected along the shared
boundary of Lot 1 and 2. The fencing must be constructed prior to
occupation of dwellings.
Minutes – Standing Committee A - 22 January 2020 - #6282120You can also read
